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The People of the State of New York v. Amber Maracle

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 6, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
AMBER MARACLE, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appeal from a resentence of the Supreme Court, Erie County (M. William Boller, A.J.), rendered January 28, 2010.

People v Maracle

Decided on July 6, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

Defendant was resentenced upon her conviction of forgery in the second degree (four counts). The resentence was affirmed by order of this Court entered June 10, 2011 in a memorandum decision (85 AD3d 1654), and defendant on September 23, 2011 was granted leave to appeal to the Court of Appeals from the order of this Court (17 NY3d 860), and the Court of Appeals on June 27, 2012 reversed the order and remitted the case to this Court for further proceedings consistent with the memorandum (___ NY3d ___ [June 27, 2012]).

Now, upon remittitur from the Court of Appeals,

It is hereby ORDERED that, upon remittitur from the Court of Appeals, the resentence so appealed from is unanimously affirmed.

Same Memorandum as in People v Maracle ([appeal No. 1] ___ AD3d ___ [July 6, 2012]). Entered: July 6, 2012 Frances E. Cafarell Clerk of the Court

20120706

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